MDE - Managing Disciplinary Enquiries

Duration

One or Two Days.
The Two-Day version includes Case Studies and Simulations.

Overview

Duties of the Chair and the Initiator.
Investigation, Framing Charges, Hearing, Recording and Appeals.

1. Introduction to Discipline

  • Misconduct and incapacity / poor performance are not the same
  • Definition of Conduct
  • Management Duty
  • The Process of Correction
  • The Circumstances
  • The Consequences to the Parties

2. Fairness Principles

  • Be Objective
  • Let the Employee State their Case
  • Procedural Fairness
  • Substantive Fairness
  • Determine a fair and reasonable disciplinary measure

3. Framing Charges

  • The Charge is the Key.
  • A Good Beginning. 
  • Simple is Best.
  • Charging when there are a number of offences.
  • When and how to fairly charge in the alternative.
  • Framing the most Common Charges (Examples and Discussion)
  • Theft
  • Unauthorised Possession of Company Property
  • Fraud
  • Dishonesty
  • Assault
  • Insolence
  • (Gross) Negligence
  • Drunkenness
  • Unauthorised Absenteeism
  • Poor Timekeeping
  • Failing to Protect Company Assets
  • Refusal to obey instructions / insubordination
  • Non Co-operation
  • Unauthorised Use of Company Property
  • Dereliction of Duty

4. The Disciplinary Action

Stage 1 - Before Taking Disciplinary Action

  • The Investigation.
  • The Allegations.
  • Categorise the Offence.
  • Notice of intention to hold a disciplinary enquiry.
  • Suspension Pending and Enquiry.
  • Representation
  • Interpreter

Stage 2 - The Process

  • Opening the Disciplinary Enquiry
  • Taking Notes
  • Clarification of the Facts
  • Law of Evidence
  • Summing up
  • Reaching a Verdict
  • Mitigation
  • Determining the Sanction
  • Delivering the Sanction
  • Summary Dismissal
  • Automatically Unfair Dismissal

Stage 3 - Appeals

  • The Right to Appeal
  • Appeal Process

Learner Resources

1. Templates

  • Hearing Checklist
  • Application Guide (Minutes)

2. Codes of Good Practice

  • Disability
  • Dismissal
  • Operational Requirements
  • Pregnancy and After Birth
  • Sexual Harassment

3. CCMA Information Sheets

  • Con-Arb
  • Conciliation
  • Constructive Dismissals
  • Disciplinary Procedures
  • Drunkenness on Duty
  • Harassment
  • Ill Health through Injuries
  • Misconduct
  • Polygraph Testing
  • Retrenchment
  • Termination of Employment
  • Unfair dismissal and unfair labour practice disputes